Tiếng Việt
中文 (中国)
There are many cases of young people leaving their jobs without notice to their employers and colleagues. This situation often occurs while the employee is on probation, however, it is also not uncommon for the employee to voluntarily quit without notice when they have officially signed the labor contract. Voluntarily quitting while signing a labor contract is a violation, but while on probation, from a legal perspective, is it illegal for a probationary employee to voluntarily quit their job?
According to the Labor Code 2019, the maximum period for an employee’s probationary period at a business is:
- 180 days: Business manager’s job.
- 60 days: The job requires a college degree or higher.
- 30 days: The job requires intermediate-level, technical workers, and professional staff.
- 06 working days: Other work.
Each vacancy in the business only needs one probationary period. It should be noted that if an employee fails to apply for a position and wants to apply for another position in the same company, they still have to try a new position because the nature of the work in the same business is different.
If the probationary period is extended beyond the maximum time limit, the employee can file a complaint with the business and if the complaint cannot be resolved, the employee can completely sue the business in court.
Businesses violating regulations on the probationary period will be administratively sanctioned under Point b, Clause 2, Article 15 of Decree 12/2022/ND-CP from VND 2,000,000 to VND 5,000,000.
In addition to the above penalty, the business must also pay 100% of the salary for the probationary days beyond the prescribed time.
Does the employee need to notify or ask for permission from the business if they want to leave?
According to the provisions of the Labor Code 2019, probationary employees do not have the same annual leave as regular employees.
Accordingly, the 2-month period (on average) will be counted as 2 annual leave days if the employee is officially accepted.
If employees are not recruited, they will not be entitled to or reserve any leave regime. However, if forced to take a leave of absence during the probationary period, the employee can negotiate with the business and reach an agreement such as working overtime the previous day to make up the next day.
Regarding the issue of leaving the company while on probation, Clause 2, Article 27 of the Labor Code clearly states: “2. During the probationary period, each party has the right to cancel the signed probationary contract or labor contract without prior notice and without compensation.”
Accordingly, employees who feel that they are not suitable for the business or for any other reason can voluntarily quit without notice or compensation.
That is also the reason why businesses rarely assign important jobs related to the company’s operations to probationary employees because they can completely “run away” at any time and cause serious damage to the business.
However, probationary employees need to be aware that leaving unannounced while working for any business is bad behavior, condemnable, and can have a negative impact on their image as well as their future career in the industry.
In addition, for probationary contracts as well as labor contracts with probation content, businesses may also have provisions that require employees to be responsible if they do not complete the work or voluntarily quit their jobs without notice.
Thereby, it is best that the employee, regardless of the regime, should notify the employer in advance when leaving and clearly state their reasons.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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